In today’s competitive environment, businesses collect, process, and store significant amounts of confidential and proprietary information about their customers, clients, vendors, and employees. The possession, handling, and security of that information take place in an increasingly complex legal environment for businesses and the individuals whose information is at stake.
First, as recent headlines consistently remind us, cyber-crime and data breaches are occurring at an increasing rate – giving rise to potential liability for businesses that have failed to take adequate steps to protect their information. As the frequency of those breaches has increased, the costs to businesses impacted by them have, likewise, grown – up nearly 10 percent in terms of cost per record from 2013 to 2014. Those costs include out-of-pocket expenses (including those to repair the breach, to notify affected individuals, and to settle claims), loss of business reputation, and the loss future business as fallout from breach events.
Second, with the rise of concerns over the privacy of information, state and federal legislators and regulators have enacted increasingly complex legislation and regulations that govern businesses’ responsibility for confidential personal information. These rules and laws cross diverse industries and create new obligations on businesses for the treatment and protection of information.
Gallagher & Kennedy’s multidisciplinary data privacy and security attorneys can assist businesses in navigating their way through these uncertain waters. We have experience advising clients regarding the various common law and legislative privacy obligations they face in various industries. And, we assist clients with both front-end protection of their information and back-end response should they experience a security event.
DATA PRIVACY PROTECTION
Our team assists clients throughout the life cycle of data collection, storage, use, disclosure, sharing, and timely destruction, including:
DATA PRIVACY COMPLIANCE
We also advise clients in various industries on their obligations with respect to the privacy and protection of information in the constantly-shifting landscape of state and federal legislation and regulation, including:
DATA BREACH/LOSS RESPONSE AND LITIGATION DEFENSE
Despite even the best precautions and diligence, data security events do still happen. A company’s post-breach response should be timely and strategic in order to minimize potential liability while, at the same time, maximizing the opportunity to recover from the breach. When a breach does occur, Gallagher & Kennedy counsels and defends clients through the response, including:
As each and every breach is unique, Gallagher & Kennedy provides a focused, efficient response that is tailored to the specific circumstances of each event. Response must be swift but also measured in accordance with the risks and obligations of the specific event.